A former senior government at Cricket Australia has been discovered responsible of making the most of two younger sleeping colleagues.
Timothy Joseph Whittaker, 38, returned earlier than the Melbourne Magistrates’ Court on Thursday following a contested listening to final month for 2 counts of intentional sexual touching.
Shortly after 3pm, Magistrate Timothy Gattuso advised the court docket he was glad past affordable doubt two males had woken to Whittaker touching their penises in January 2016 and March 2019.
“I am satisfied beyond reasonable doubt the accused was awake … and he was touching in the matter alleged,” he stated.
“I find Mr Whittaker guilty beyond reasonable doubt on each count.”
Seated behind his legal professionals, Whittaker confirmed little response as the decision was learn out, however was later seen wiping tears from his face.
The court docket heard the primary man complained to Cricket Australia’s human sources division in March 2019 following an finish of season employees get together.
He was amongst a bunch of workers that continued again to Mr Whittaker’s Abbotsford residence for a nightcap, the place he fell asleep on Whittaker‘s couch.
Around 5.30am he woke up in Mr Whittakers’ mattress together with his pants eliminated, feeling his penis being “jerked”.
The former communications head had claimed the person was nonetheless on the sofa when he went to mattress about 5am.
Former colleagues Jane Livesey, Justin Larkin and Emily Jackson advised the court docket they woke as much as missed calls and voicemails from the person at 5.30 and 6am.
Each stated the messages said “something really f–ked up had happened at Tim’s”.
Text messages offered to the court docket confirmed Whittaker texted him shortly after he left the residence saying; “Dude you can’t just ring, say that s–t and hang up”.
“There’s no way I was doing that,” one other message learn.
The second sufferer contacted Cricket Australia in December 2021, submitting a criticism saying he woke in Whittaker’s mattress in January 2016 following an evening of heavy consuming.
Whittaker had his fingers down the person’s pants and was “rubbing” his penis.
In his testimony, he advised the court docket he had initially given Whittaker the “benefit of the doubt” and believed he was asleep, however reconsidered after listening to rumours of comparable occasions.
Whittaker had maintained his innocence, taking the stand in court docket to say he was not in mattress with both man.
In her closing deal with, prosecutor Sharn-Adelle Coombs stated the offending, separated by years, was a “strikingly similar experience” for each males.
“Both found themselves alone with him and both to their shock woke up to Mr Whittaker touching their penises,” she stated.
“And both witnessed him pretend to be asleep.”
Whittaker’s lawyer, Dermot Dann KC, advised the court docket he would argue Mr Gattuso ought to contemplate alternate options to speedy imprisonment.
He advised the court docket the incidents had been restricted to a interval in Whittaker’s life the place he was struggling important stress, psychological well being deterioration and private loss.
Mr Dann stated his shopper had an in depth historical past of volunteering and had made efforts to deal with an alcohol downside.
A Cricket Australia spokesman stated the organisation was “appalled” by the offending.
We will proceed to help the victims as we have now performed since these offences got here to our consideration,” the spokesman stated.
“We commend their bravery in coming forward to report these crimes and hope the verdict today provides them with a sense of vindication and closure.”
The matter will return to court docket for a plea listening to on Monday.
Originally printed as Timothy Whittaker: Former Cricket Australia government discovered responsible of sexually assaulting two sleeping colleagues
Source: www.dailytelegraph.com.au
